called to order at 7:03 PM by Council President Sam Snyder followed by the Pledge of

Allegiance.

Council members in attendance:

Sam Snyder

Seth Noll

Tom Allar

Barry Myers

George Howett

Regan Strausbaugh

Wendy Coble Tyson(arriving at 7:08PM)

Others in attendance:

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance

Steve Malesker, Engineer

Nicole Ehrhart, Solicitor

Patti Myers, Code Enforcement and Assistant Zoning Officer

Eric Harlacher, Shiloh Paving/Aaron Enterprises

John Sanford, Mayor (arriving at 7:40PM)

Minutes

Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting?

Any additions or corrections? A motion was made by Councilman Allar to accept the minutes of September

4, 2012 as presented. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman

Snyders said minutes approved.

Visitors

Mr. Malesker said that since there were emails flying all over the place this morning. So he could be

here to answer any questions or concerns with the issue this morning. I know there is a lot of pictures

that were sent. The filter bag ended up in the stream field causing a little bit of blockage. That stream

races very quickly. It backed up very quickly. It undercut the bank that, the freshly exposed backfill

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and that caused some of it to fall in. Of the course the paving on top as you saw on the pictures. The

gabions didn’t collapsed, the gabions were already removed. It’s the bank behind the gabions. The high

water and the velocity of the water. I don’t know if you have anymore to add to that. We did meet

today. The filter bag will be moved to, Dana found us a couple of parking spots on the other side

on the bottom half where the ATR truck/utility is parked. Its pretty forward because it has the cut out

of the gabions, I guess that will be set up tomorrow. So we should be in good shape from here on that.

Stay out of the stream. Does anyone have any questions or go over anything as far as, what happened

today? Councilman Strausbaugh said I wasn’t aware of it. Mr. Malesker said well, there’s, the water

came up quickly because the filter bag was in the stream, essentially dammed up the water, there

was some other debris and stuff. It caused, its very possible with as high as the water was, it would

have collapsed anyway. It just made it happen quicker. This is behind the fire company. Mr.

Shearer said it was series of bad timing, and hard rain. We had a lot of water and debris in the dams.

It came up quick, and eroded. Mr. Malesker at the gabions they had already taken out the freshly

disturbed dirt, very acceptable to erosion. Councilman Myers said you are going to have to

watch our pit, we have for the fire company for drainage off the roof. The side is exposed. So

we have to watch, that we don’t rip that out. Mr. Harlacher said we talked about the seepage pit.

The 48 foot wall will be back filled and then the GEO grids. Councilman Myers said its only

10 X 10, is that going to take the volume away from the fire company from the roof. Are we

going to have to worry about that pit? Mr. Malesker said actually there are going to backfilling

with stone so they are essentially adding on, they’re creating a bigger pit. Councilman Myers said

as long as you watch that. Councilman Noll said one thing that John said in his emails, he mentioned

that he thought the parking lot was marked. I went down and I walked the whole thing, I didn’t see

anything. Mr .Shearer said me and Barry had looked at that and I talked to Rick this afternoon,

said seemed to thing over on the ambulance entrance that side, marks from looking out the

window last night. In the rain today, it looks like the rain washed it away. When it drys out,

I ‘ll look for any issue. We have rubber tracks on that excavator. Councilman Snyder said one

thing I will say Mr. Harlacher, we have to be extremely careful, here in Yoe Borough. Yoe Borough

is under the microscope with York County Conservation. The last two projects we have had, they

are out routinely checking things. The incident today, the first email I received it was the routine

email from the engineer, which he was notifying you that you were in obeyence of the plan at the

time that the filter bag and about the bypass pump. In the hour or two, then we have this storm and

all of sudden, we are getting notified from the fire department, that had nothing to do with the

project, that we had a collapsed. That ended up going to county EMA. That shot red flags up

everywhere. Now as Steve indicated, a lot of the material that washed away, was probably

going to have to be trucked away anyways. So it was like no harm no foul type of thing. However

from a municipality standpoint, I can see county conservation looking at us, and saying but that

is material that is down Mill Creek into the Codorus ,into the watershed that should have been

trucked away. With us already being under the microscope, that is not a good place for us to

be in. So while this may not have caused any damage or irreparable harm or anything like that.

I just want to reiterate from our position, you need to be extremely cautious as you close up

for the day, and make sure things are secured properly that you follow the plan. Because of all

the municipalities, I don’t know what we ever did but we are under their microscope. Councilman

Noll said and also really follow C. S. Davidson’s plan. Mr. Harlacher said we have had dealings

with Eric Jordan. We just did a job for Glen Rock, a wall. They were on our site. I know Eric

Visitors(cont.)Page 3

Jordan. Our concern is to move the filter bag. We’ll do our best if there is another rain event.

Councilman Snyder said absolutely, the only thing I’m trying to stress is if the plan says the

pump needs to be in the very center of the creek and then we have a rain event like this and

the pump flows down to the Chesapeake, we’re okay other than a lost pump, but we are

within the plan. When you are outside of the plan, even though nothing bad happens, its them being able to point the finger, and say but you still screwed up. That is what they have historically done to us

during these last couple events, we can not have. Councilman Noll said how these plans are designed.

The plan was approved. Mr. Malesker said for a two year storm. Councilman Snyder said that’s what

I’m trying to say, when you have something outside that scope, we are protected because its still within

that plan. When you deviate from the plan and then you have has, it doesn’t matter, because it would

have been downstream anyways. Mr. Malesker said initially when we issued the notice to proceed,

Shiloh Paving was going to start on September 10th, which gave a substantial completion of October 10th, which is next Wednesday. It’s a thirty day contract. They didn’t start until yesterday, they has their schedules pushed

due to weather. What I have here is a request from Shiloh Paving to extend their contract through the

end of October, October 31st. So this is a no cost change order to extend their contract period from

October 10 to October 31, 2012. We need a motion to approve no cost change order number 1. A motion

was made by Councilman Noll to extend Shiloh Paving’s contract from October 10 to October 31, 2012,

executed by Council President Snyder and Eric Harlacher. The motion was seconded by Councilman Myers.

All in favor. Councilman Snyder said motion carried. Mr. Malesker asked even though you have a thirty

day contract, you do not anticipate it going longer? Mr. Harlacher said no. Councilman Snyder thanked Mr. Harlacher from coming tonight

Patti Myers, Yoe Borough Code Enforcment Officer said she understands that you have some questions

Noll said the biggest thing to talk about right now is the progress on 196 S. Main Street. Mrs. Myers said

there has been a citation issued for Mr. Eddings arrest, apparently he has moved without any forwarding

address. Councilman Noll said I did see that the real estate transfer was in his name. Solicitor

Ehrhart said this is the best we can do, there is not much we can do. Councilman Myers said the property is a mess, can we put a lien on the place. Its an eyesore, people are really complaining about it. Solicitor

Ehrhart said we can let it ride and see what happens. You can clean it up, but you won’t recoup the costs.

Under the property maintenance code, it needs to be corrected. But the likelihood is slim if you lien the

property to recoup. You can clean the property up. As far as the arrest, he violated the property maintenance

Ehrhart said you would be abating the nuisance, there are daily penalties, if he is arrested he would

be brought to trail. Councilman Noll asked is there any due diligence that can be done to find this guy?

Solicitor Ehrhart said I think we went above and beyond, we need to follow the steps, posting, follow

that to the T. Councilman Myers asked since we can’t lien the property because its an LLC? Solicitor

Ehrhart said you can lien the property. It will be on the property, the municipal lien. Councilman

Snyder said I saw in the same newspaper that the property on 171, which is another problem it’s the

same issue, he abandoned the property, he left and went to Virginia. Dan had issued, first a citation,

he failed to respond, then arrest warrants were sent. He is down in Virginia. After eight arrest

warrants were issued, that is when the borough decided to show the citizens that we did our part,

we went in a mowed it. We liened the property, sat on it for three years. It was just sheriffed.

Visitors(cont.)Page 4

Solicitor Ehrhart said a lot of times when its sheriffed, there isn’t enough money to recoup the lien.

To recoup a lien, a regular transaction to advise that the property has a line on it. But at a sheriff’s

sale, there isn’t enough money to go around. Councilman Noll said this is when we need to decide

when to draw the line. Are we willing to expend monies for dumpster rental, we will have $1000.00

into the clean up. Councilman Allar said there is something else to think about, are these properties

going to get any better with age, next year or the year after. Councilman Noll said we have gone

as far as we can go on this property, as far as code enforcement. Councilman Strausbaugh said

I brought this up before, that we have a property, do we have the expenses within our budget to

correct the problem. Councilman Noll said what I would recommend to this council, is to form

an ADHOC committee to work on the code issues within Yoe Borough , work with Patti, to

add things. She is doing everything she can on a lot of these properties and when she hits a wall,

the residents don’t care that she hit a wall, they see a pile of crap. We’ve talked about it a lot,

it’s a money issue, we have to get together and decide how much money are we going to spend.

Realize whatever money we spend, its being thrown down a hole. Councilman Allar asked do

we have money in the budget to pay for her wages. The secretary said since the zoning officer is no longer a code enforcement officer, the monies come out of that line item for zoning officer wages. You will

have to decide whether you want to bring another line item for code enforcement officer wages.

Councilman Strausbaugh said so right now its in the budget for her salary. The secretary said yes.

When she was hired, you said that she would be able to work up to twenty hours a month, you came

to me and asked if that was covered. I said if Dan Shaw was working less hours then Patti Myers

wages should be covered through 2012’s budget. Councilman Noll said we don’t have $10,000.00 sitting there for clean up. Mrs. Myers said I wasn’t aware that I could work up to twenty hours a month, I was going by what Dan Shaw had been putting in monthly, hour wise. I was approached by some residents that they would be willing to help clean up some of these properties. Solicitor Ehrhart said it would be a liability issue.

Councilman Snyder said where we were at, is why we had you here. Is to see where you see yourself

at with the issues. What we are talking about now at 196, what happens when we expended everything

we can, and we have gone as far as we can, and the problem still exists. Then there was the other

issue, are we doing everything we can, having Patti going out and cite that, cite this and cite this. We

want to make sure we are doing everything we can before we go in and start someone else’s mess.

That’s where we had discuss as a council over the last couple month’s, as matter of fact, our solicitor

is drawing up new recommendations because Seth thought we needed some changes in our ordinance.

Language changes, rental code official versus code enforcement officer and all this kind of stuff.

That is what we have been battling back and forth, here at council. Is everything being done, that

needs to be done. Such as, one of the thing that we noticed was about the twenty hours. That just

answer that question, you didn’t know you had authorization to go up to twenty hours. I think what

council would like to see, spend the time necessary, you live here, you see the problem, here in

the borough, enforce it. If you come across a problem, cause this is where we got into a big

debate of should you be going out and saying that building is unsafe. Is that a perception that you have

or is that a perception that we have, that you are not qualified to do what we are asking. Hence why

we wanted you here to ask this question. Because there is seven people on council, there’s seven

different opinion. My thought was Patti, go at it, and until you have a problem. If you say that

building is unsafe. That is judgment call on your part, you take them to court, you cite the proper

ordinance. If you lose and the judge says you are not a BCO, that is the information that you

Visitors(cont.)Page 5

need to come back and say I lost this case because I don’t have this qualification and I didn’t have

that. So we’re trying to put this on you. We’re trying to figure out where the problem is because

we’re getting all these complaints, we’re not seeing any progress. But we’re not seeing where

the problem lies. Just like Regan went around town and took pictures. We all know the issues

like this 196. You had trouble finding people, then once you find them, then you have

to respond, if they don’t respond, you send them a arrest warrant. At that point, you’ve done

your due diligence. That is the information that we need to tell these residents, that particular

problem we have taken it as far as we can. We don’t know I guess there is issues that you say,

hey look I’m not comfortable in doing this, I’m not comfortable in doing that because I don’t feel qualified. We’re trying to find out answers to where the problem lies. Which is why we wanted you to come

here tonight to get your input. Councilman Strausbaugh said I think Patti needs to know that

we give her support, we support her. Councilman Allar said what Sam is talking about is progress,

we aren’t talking about doing the whole town by next month, this is going to a couple years. It will

also be easier on the budget. We have 20 ugly houses, five that we can’t find. Work on the fifteen,

all we want is to follow the ordinance. Councilman Myers said Patti has made progress, she has

been to court several times. She won against the Lehman case. Mrs. Myers said I recently pulled a citation, he didn’t understand about the weeds, so I called him, and told him the weeds need to be cleaned up. I can see

there at the corner, the Ali property. Councilman Snyder said on the Pangburn, property,the family was there, it is a reverse mortgate. Its is a bank issue. The property is in Mrs. Pangburn’s name. Councilman Myers asked

at the courthouse, the recorder of deeds, nope their names are on it. Councilman Snyder said council needs to know what your obstacles have been. Everyone agrees there is a problem in town, so in that instance,

I want to get a consensus of council, if Patti has a legal question, in a case of a reverse mortgage and its

still listed as a property owner. Does council give her permission to call the solicitor to get legal direction on how to locate this property owner? Councilman Myers said I talked to Dan and asked that, he said call anytime.

Councilman Snyder said is there a consensus of council for that, I saw four heads nod. If you have an issue

like that, call the solicitor. She needs to know, she is going to be one that is going to representing us.

I know that 196, the problem is trying to locate the owner. Council was also seeing, that is not the

norm, that is outside the box, while we have these hard ones to deal with, what can you do about the

person living there for 20 years, they are being lazy and haven’t been maintaining, those are the ones

that you still need to go after. Councilman Noll said what is our real option at council, fix it or leave it alone?

Mrs. Myers said I had from my notes that I was calling the attorney’s office every week on the property at 171.

At 14 E. Pennsylvania Avenue, that is a Freddie Mac property. Everytime I go to get pictures he mows.

Councilman Snyder said what I was getting from the rest of council, what we got while discussing changing some of these ordinances. I’m just going to use this as an example because its been discussed numerous

times, is 230. As an example what I would be concern about, besides just the weeds, is the porch. Now my attitude would have been, he is still getting mail there, its being accessed by the public, because mail is being delivered there. There was lights there the other night. I would think,I would take a position, and say

that is unsafe structure, using our code that says you have to maintain in a safe manner. Take it to court and if you lose why? Because of qualifications, is it about ordinance adjustments, until that happens we don’t know

where the problem lies. We’re hear thinking, do we really want Patti, is she qualified to say that is safe

or unsafe. Councilman Allar said from the town survey from a few years ago, they are saying it’s a maintenance issue. Councilman Snyder said when you look at 230 that is an appearance thing. Councilman Strausbaugh

said it’s a fire hazard, the same thing with 196, the trash is a fire hazard. Councilman Noll said

Visitors(cont.)Page 6

there are steps to codemn 230, the first step is to prove there is a person living there. As was brought in front of council, we can have Code Administrators do a formal inspection. We decided not to do that. Mrs. Myers

said I haven’t proceeded. Councilman Noll said we also have to keep in mind the loop holes in the property maintenance code in our ordinances. Councilman Snyder said again, that is where this council keeps going

roundabout, its like well we are perceiving this as loop holes, but honestly if you go and write a citation

and say you need to tear your house down cause its pink. If the judge upholds that, so be it. Until you

are told that it’s a problem you have in our ordinances, its challenged. One thing I wanted to sort of,

that’s why I wanted to find out with you, because of the hours you were putting in, and that was corrected

by just you being here. Barry had mentioned last month, sometimes you have time you have trouble getting

a hold of Seth, and Seth would have trouble getting a hold of you, schedules have conflict and stuff. Seth you said, hey if there is anybody willing to take this over or something. What I was trying to find out from her, what

can we do here to support you better, you say I have a problem with this, so you can do your job better.

Mrs. Myers said I think right now its information, I’m only one person. Like the grass on Water Street.

It’s a learning curve, trial and error. Trying to figure out what needs to be done. On Third Street, I called,

sent a second notice, even if you plead not guilty, you are still going to be cited. If I wouldn’t have called

you would have had a $150.00. Councilman Snyder said a lot of that is, the extra time you need to put

in and follow up. You know the ones that are just giving you lip service, can you give me ten days, on the

tenth day can you give me ten more. Mrs. Myers said the issue of the mess at 168 S. Main Street with the

concrete and brush, etc. Trying to find someone to clean it up. Councilman Snyder said one think that I

think would help at council, I would like to see. I’ll tell you what transpired with my son, he is a police officer up in Lewistown. Approximately four months ago, they received a phone call that there was someone

parked illegally out on the street, come and get them. He went around the walk twice, they were supposedly

parked on the yellow line. He didn’t see the car parked on the yellow line. Went around the third time

really slow, stopped called county and they said its not parked on the yellow line, its parked beyond the

no parking sign. He got out, councilperson came up to him. I thought you weren’t going to cite him

because you drove past twice. If I wouldn’t have been a councilperson complaining about this, you

wouldn’t be here citing him, would you? Samuel said, no, I would be citing him, but it was called

in as parked on a yellow line and I didn’t see a yellow line. Within the week, he got called into

the chief’s office and said you have to be more diligent because the council people pay our salaries,

the council people are heavy on parking in town and that is one of his pet hang ups. Samuel explained

himself again, he didn’t want to hear it. Fast forward, this past month, get another anonymous call

in, that he heard from county, there was complaint about people parking at the park on the grass.

Its clearly posted no parking on the grass. He goes up, fourteen cars parked in the grass. He calls in for back up

and he starts writing citations. Next thing you know, the people from the soccer team come up, they start

you could have parked down there in the parking lot, you are too lazy to walk. Within the hour, he got

a call from the chief, I just got my butt reamed out by the mayor. Turns out that they were, the soccer

club was friend’s with the mayor. So the chief reams him out. And says you should have gave those

people warnings. Now there, he has two separate ways to go, from the same chief, the same council,

just because the council got involved in telling the officer how to do their job. And what I would like

to see with you, Patti you see the problem, you see the town, its your town too. There’s a whole book,

have at it, and let’s see results. If you have problems, we need to know where the problems are, so then

can fix them. But this talk around the council table, I think the problem’s here, I think the problem’s

Visitors(cont.)Page 7

here. We can’t decide the problem, but you know where the problem is, because you are dealing

with it. Just like this issue of trying to find the property owner. I think what would probably

help, so we can monitor this progress. On this report, if you have a running, or separate list,

like the Pangburn property, you are at a stand still with this. You are at a dead end. 196 you are

at a dead end. If we have that, we don’t expect to see any progress on that, you’ve taken it

as far as you can, or you found a dead end. Then if we get a complaint from someone about

Water Street, okay, its not on this list, you probably don’t know anything about it. But honestly

I’d like to see you take the town, you walk around the town, follow the list that Seth has set up,

in the quadrants. Even if you come back to the council in your monthly report and say this

month I just focused on quadrant two. Because I don’t want to have to walk the whole town.

Get your own agenda together, and say this is how I’m going to do it. I’m going to start

with zone 1, I’m just going to take the book, and I’m going to look. Mrs. Myers said right

now I’ve been focusing on all the grass issues. Councilman Snyder said once you start getting

those complaints. The homeowners need a nudge. I know on Main Street the houses look ugly.

I talked to Connie Stokes and Nate at Dallastown. Trying is a learning curve. Councilman Allar

said while learning, you get more experience, you get to be more efficient. I just want

to commend you on your work for 7 hours. How can we help, maybe learn more about

the property maintenance code. Mr. Shearer said with the property maintenance code, there is

a course, and test and you are certified through the International Property Maintenance Code..

Mrs. Myers said things are slowing down now, so more time can be spent. Councilman

Snyder said I think you don’ t have to look for problems, just keep your eyes open and look,

you can see it. You say yeah, that looks bad. Just to give you a little extra level here of

support. It concerns me, that Seth said he really doesn’t have a whole lot of time for this.

Regan, I noticed you went around town and took these pictures. Councilman Strausbaugh

said I just wanted to put this in, I am here to help with communications, to step in and

to help keep the borough informed. I want to give you support. Councilman Snyder

said with him bring around during the day. If Seth has some help here with someone else.

Councilman Strausbaugh said at least there would be contact available. You are doing

what you can do. Get some history, take some new pictures. I don’t think the situations

are going to be reversed. Councilman Snyder said what I’m hearing is that Seth needed

help, Regan said he wants to help. Let’s work together, maybe at this point. We can get you

as an extra contact person. Council is in agreement, on how the town looks, what is the best way to do it.

At this point, we tell you we are behind you 100%, we say go at it. Use up the ink and the notepad.

Go at it. If you start having problems, that’s where we are here to try to figure what we need to

do to try to change things. I’d rather have you, lose a case, so that we know here is the problem and try

to figure out what the problem is. If you lose a case, we would never. Honestly if you do, if you

have a list as part of record, on certain properties, that we know have been taken to its conclusion.

Like say the Pangburn place, you are stuck on that. We can go back to residents and say, this is one

of those. This whole thing about cleaning up and liening properties, that a totally separate issue than

just going out and writing citations. Probably 95% of those people are going to be here and are

going to be able to respond. These other ones, we need to determine how we are going to handle

them but, that doesn’t mean that we have to stop in our tracks. If we have a record here, on this

property and that property, I have taken it as far as I can, then that tells council. That would be

Visitors(cont.)Page 8

good for council, we have three properties that we need and go in and figure out what we need

to do for budget time. If that means we take them over, we take them over. If that means we

have to go in and mow on a monthly basis, that’s what we do. Until we know that’s where these

properties are. Councilman Strausbaugh said I had two people approach me on what type of

software we are using, do you know how to set that up? Councilman Noll said we should look

at that firehouse software. Councilman Strausbaugh said we should look into something like that,

where we have a listing, organized. Mrs. Myers asked where do the fine monies go? Councilman

Snyder said its split, if it’s a local ordinance, we get a portion of that money, the rest of the court costs goes between the county, state and. That’s why we increased the fines, to cover your costs. You are going to

have costs and time to go out, cite it, follow up, go to court and all that costs us money. We will get that back, as along as they pay. We had some go on a payment plan. Mr. Richardson did pay $about $2700.00 of last year’s citations. It is worth going after them. Each day is different offense, I’d set up a schedule and

each Monday go after them. Councilman Allar said that Dan Shaw had filed against the Smith property.

There are two houses, on separate deeds. Dan had to file on both houses. Last year Mr. Smith had

asked for a hearing, he started to do painting. The borough needs to keep informed on the properties.

All you do is, is keep up on the history, ask Dan, take new pictures. I don’t think they are going reverse

this matter. Talk to Dan Shaw. The judge didn’t keep him informed. Get the background from Dan.

New citations, new judge. See what Dan does. He can guide you. Section 302 states about paint.

The previous cite letter is in the file.

Councilman Snyder said while Patti is here, Nicole, do you want to update us. Solicitor Ehrhart

said I am working on changes to the ordinance, sent them out to Sam and Seth. Its very confusing

as it is set. Get a little bit of direction, ideas. Within the next month I should have the ordinance

arranged, clean up everything, heads up on it. Update the entire ordinance. It references code officials,

bring up the ordinance up to speed to 2009 version, we have the 1998 version. Close it up. I’m working on it, it’s a work in progress. I should have a draft to look at next month. Then you can take a look over it.

Councilman Snyder said I just wanted Patti to know what we are working on. Councilman Allar

explained to Mayor Sanford what we are updating in our ordinances.

Councilman Strausbaugh said before Patti leaves, is there a way we can let the property owners know

when they have improved their properties. Not to keep having a negative approach. Properties have done a fantastic job in improvements. Councilwoman Coble Tyson said we need to have a pro active approach

and be pro active. Even if it’s a standard letter from the borough, that we recognize what has been done.

Councilman Snyder said the only problem is, I tell you why, that one picture of the sign. I’m not saying

DELCO is not a good neighbor. That sign we were notified that its in violation of our ordinance.

So when you start saying you’ve done such a good job in violating our ordinances, were going look

the other way, which we did because we don’t want because they are good neighbor. But yet

we are going to enforce an ordinance because someone has weeds more than six inches. Then we

are picking and choosing. I’m just saying as a municipality. He was told he needed a zoning

hearing to put that up. Councilwoman Coble Tyson said it’s the concept, it’s the idea to try to

initiate something. Councilman Strausbaugh said we talk about the negative, we know Main

Street has gotten worse in the last one to two years. Let’s do something new. Councilman Howett

said they aren’t going to do anything about this, there are good people and bad people. Let’s move on.

Visitors(cont.)Page 9

You could say I’m your neighbor, you can said I think you are doing a fine job.

Councilman Snyder said thanks for trying to set up a committee and thanks to Patti for coming tonight.

Solicitor’s Report

Solicitor Ehrhart said tonight we are going to look at the garbage bids. I opened bids at 10AM this

morning. You received one bid, Penn Waste. The basic bid with recycling is $198,376.20 plus

$480.00 for the dumpster. The second bid is without recycling at $164,320.20 plus $480.00 for

the dumpster service. Councilman Noll said with recycling, how much we get as part of MS 4.

We are forced to do recycling. If you have more than 300 people per square foot. There were two

townships that went over the people per square mile. We need to make sure we stay in compliance.

Discussion continued. Councilman Snyder said the solicitor is researching if we have to

have recycling in the borough for MS 4. Councilman Noll read over his information also, from

what I read, we don’t need to recycle. Discussion continued. A motion was made by Councilman Strausbaugh to accept the Penn Waste contract for three year period beginning 1/1/13 with recycling. The motion was seconded by Councilwoman Coble Tyson. Councilman Snyder said we just amended our ordinance to include

brush for MS 4. All in favor. Councilman Snyder said motion carried. A motion was made by Councilman

Myers to increase the garbage fee by $4.00 per quarter. The motion was seconded by Councilman

Strausbaugh. All in favor. Councilman Snyder said motion carried. The secretary will contact Jan

Kreidler, billing clerk.

Solicitor Ehrhart said I did check the email back in August regarding Milt’s Repair service contract issue.

I can’t find anything, what the magic number is. The statute of limitation is four years. My suggestion is

to just every year renew the contract. Maybe we should ask him for a new one. That is what I would

suggest. The secretary said I will contact Milt on this matter, we have a bill due coming up, under liquid fuels funding. Councilman Snyder said on record, the solicitor says we can go under the contract we have,

its under the telephonic quote requirements and we are going to clean this up next year, to have a yearly

contract. That is good enough for us to proceed. We are taking care of it.

The secretary said the insurance representative was down. And said the quiet title land will not add

anything onto our property insurance needs.

Councilman Snyder said we received an engagement letter from the auditors for the 2012 audit.

It is like that last one. Sandy did look over it and it is quoted with the proposal we had

received. A motion was made by Councilman Noll to sign the engagement letter with

Stambaugh Ness, Inc. for the 2012 audit. The motion was seconded by Councilman Allar.

All in favor. Councilman Snyder said motion carried. Just FYI, we need a resolution which

is being prepared to appoint our auditors for next month’s meeting.

Councilman Snyder said we also have the Hemler Contract for 2013. No real changes there.

A motion was made by Councilman Myers to sign the 2013 contract. The motion was seconded

by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Solicitor’s Report(cont.)Page 10

Councilman Snyder said the mayor sent a copy of the new police agreement from Chief Gross.

Councilman Myers made a motion to knock down the units we use, Red Lion knocked it down

and they get their police protection and they don’t get charged. They knocked down 9 units, they

are still responding to calls, and they aren’t getting charged for it. Are we paying for Red Lion,

that is what I want to know? Discussion continued. Councilman Snyder said the only issue

that the mayor wanted to go over with, are the terms. From three years to five years. I went over

it, what Jacobus saw, I didn’t see. There is an escape clause in there. The solicitor saw what

I saw. As long as we give a 365 day notice, we can get out the agreement. If there is an issue

here, as far as paying for one unit, two unit. That is a different issue. Councilman Myers asked

do we have to sign the contract now? Councilman Snyder said we don’t have to. We can wait

until next month, the contract needs to be changed anyways, cause its screwed up on the years.

13 to 17, it says five years, it says four years but the number 5. We have to straighten that out.

Discussion continued.

Councilman Allar asked Solicitor Ehrhart if Jake sent to you the final version of the conservation

easement? Solicitor Ehrhart said he sent me a link to it, saying to look over it. Councilman Allar

said so you got a copy, Mr. Malesker said he didn’t get one.

Councilman Snyder said the clean up under the Solicitor’s report, the mayor will take the

police contract back, recommend changes as far as the typos. When he gets a clean copy forward

that to the rest of the council members to look over for the next month and request Chief

Gross come to the next meeting.

Engineer’s Report

Mr. Malesker said the only thing I have on the wetland mitigation project is that we did send

the H & H report was sent to ARC. Jake didn’t give me an update. Councilman Allar said

ARC has sent that up.

Mr. Malesker said last month we sent the notice of intent for the next five year permit

for MS 4 that was due by the fourteenth.

Mr. Malesker said H & H did complete the undermining of section last week. That

was an approved FEMA project. They submitted an application for payment for

$9000.00 which was what their quote was for that work. I do have pictures of it.

I did stop over there yesterday to take pictures. I can send those out to Sandy so

you can see the work. Councilman Noll said he will pick up the check when

the cite visit is done with H & H. Councilman Howett made a motion to approve

the payment, upon a cite visit and making sure all the repairs have been made. The

motion was seconded by Councilman Noll. All in favor. Councilman Snyder

said motion carried. Mr.Malesker said we talked about the issue with the filter bag

with Shiloh Paving. The gabions were removed for the work, they did not collapse.

Discussion continued on this project and the rising water that occurred there.

Engineer’s Report(cont.)Page 11

Mr. Malesker said next is the Mason Avenue bridge. Councilman Allar said the storm

set Fitz and Smith back. I met with Tim after the meeting and I asked if he wanted

to go over the scope of work. Mr. Malesker sent him a copy of the permit. Councilman

Allar said Mike Smith is the one that is going to do the work for Fitz and Smith, you may want to send it to him.

Discussion continued.Councilman Noll stated his concern on the lateness of doing this project.

Mr. Malesker said that the we haven’t done the DEP annual basin inspection and plan on doing it

between October and November. A motion was made by Councilman Howett to send C.

S. Davidson out to do the annual basin inspection. The motion was seconded by Councilman Allar.

All in favor. Councilman Snyder said motion carried.

Mr. Malesker said to the mayor we got those EAP comments back last year, should we address

those comments now to submit with the basin report, they’ll ask for them. A format to fill out

came back.

Councilman Noll said there has been a consensus of council about storm water issues, MS 4

and all that goes with that. There has been discussion with other municipalities to start

as storm water authority that operates the infrastructure. Would there be an issue with

council if we begin exploring establishing a group with other municipalities to explore

facets and funding together? It would give a stronger position if several municipalities get

together. There was consensus of council to proceed.

Councilman Snyder said we received an email update from Gary Peacock, a Growing

Greener update with the 12 million dollars that is available. Requiring a 15% match

by the municipality. He said projects can be education, outreach, design and construction,

project qualify for that? Because its storm water. Face it, if we have a million dollar project,

we have to come up with 15%. We’re within the scope of what we have to borrow.

Borrow $100,000, go to a bank. Mr. Malesker said I can look, with Growing Greener it is

usually overland flow, open wales, piping through the park or something. Maybe in the

area of the park. Councilman Snyder said I’m trying to find money. Councilman Allar

said if we don’t ask we won’t know. I think the project we could ask about is the gabion

project, between Main Street and Mason. Mr. Malesker said what Jake was talking about

for Mill Creek, the gabions be tied into a larger Mill Creek project, involving York Township,

Red Lion, more likely give money to them to tie it together. Councilman Snyder said I’m just

saying the grant round closes October 26th. So if we are going to put in for something, direct

Steve to do something, it has to be done. Councilman Allar said he already has the background

as far as the gabions. Discussion continued. A motion was made by Councilman Noll for Mr. Malesker to check into this funding and meet the 10/26/12 deadline in his engineering opinion if he finds one of our projects

meet the criteria. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said

motion carried.

Engineer’s Report(cont.)Page 12

Councilman Snyder said the other issue I had was that I wanted to update council we did put

out the request for the detailed proposal for the zoning ordinance under CDBG. Right now we

only got one of those back, so we are sort of stuck with one. That is where that is at this point.

Councilman Snyder said I did see in the newspaper that York Township passed their ordinance

for reverse subdivision. Mr. Malesker said I have it on the schedule for them to start work for

the survey for the Reidel property. Councilman Snyder said so we are proceeding. Keep us

informed on what you need.

Maintenance Report

Mr. Shearer said two things on the report to discuss.

Mr. Shearer said the load of playground mulch was delivered. I got some spread in all the areas.

That was 1/3 of what the estimate was. Right now I’m thinking if next year we budget

of 45 cubic yards, I’ll get a price estimate. It will be right around $1050.00 that will get us

through next year.

Mr. Shearer said leaf pickup, Dallastown is planning on starting that next week, on Tuesdays

and Wednesdays weather permitted through the middle of December. That is going to be

the target date. I usually give them a hand if they need it.

Councilman Snyder said we already had the zoning officer’s report.

EMA Report

Mayor Sanford reported there is a training session coming up later this month.

Mayor’s Report

Mayor Sanford said activities are listed in the first section. I did have some conversation with regional.

Also note the activity the thirteenth, that was in the early morning on the way home from a fire call,

I do swing by the park at different hours and I did come up to the park at 2:30AM and there was a car

there. There was a couple there, we had a brief conversation. They said they didn’t see the sign.

Mayor Sanford said the July report is noted on the bottom. Note the number of traffic citations

in July, enforcing speed action. I just received the August report. There were 24 calls, 41